Chapter 13.100
GENERAL PROVISIONS
Sections:
13.100.040 Alternate materials, design and methods of construction and equipment.
13.100.050 Duties and powers of Building Official and Fire Chief.
13.100.070 Permit and plan review fees.
13.100.120 Violations not subject to the notice and order procedures.
13.100.010 Purpose and scope.
A. The purpose of SMC Title 13 is to adopt building construction standards as authorized and mandated by Chapters 19.27, 19.27A, and 19.28 RCW, as well as other Washington State laws regulating land development within the City of SeaTac. These regulations are established to promote the health, safety and welfare of the occupants or users of buildings and structures and the general public in SeaTac and are consistent with standards in effect throughout the State. Accordingly, this title is designed to effectuate the following purposes, objectives, and standards:
1. To require minimum performance standards and requirements for construction and construction materials, consistent with accepted standards of engineering, fire and life safety.
2. To require standards and requirements for construction in terms of performance and nationally accepted standards.
3. To permit the use of modern technical methods, devices, and improvements.
4. To eliminate restrictive, obsolete, conflicting, duplicating, and unnecessary regulations and requirements which could unnecessarily increase construction costs or retard the use of new materials and methods of installation or provide unwarranted preferential treatment to types or classes of materials or products or methods of construction.
5. To provide for standards and specifications for making buildings and facilities accessible to and usable by physically disabled persons.
6. An additional purpose of this chapter is to establish the administrative procedures and regulations related to construction permits, and applications for construction permits.
Codes and regulations adopted in this title are not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these codes and regulations.
B. The provisions of SMC Title 13 serve as a supplement to the administrative and enforcement procedures found in the other adopted technical codes. In case of a conflict between these provisions and those found in any of the other technical codes, these provisions shall apply.
C. Pursuant to “2018 Interlocal Agreement,” an interlocal agreement between the City and the Port of Seattle, as authorized by Resolution No. 17-021, the City recognizes concurrent authority of the Port to administer, implement, and enforce the technical codes and standards adopted in this title and defers to the Port’s exercise of such jurisdiction as to development projects on Port-owned property within the City which are for airport uses, as that term is defined in the February 17, 2018, interlocal agreement between the City and the Port. (Ord. 23-1016 § 1 (Exh. A); Ord. 16-1008 § 1 (part): Ord. 04-1008 § 3)
13.100.020 Definitions.
For the purposes of this chapter, the following definitions shall apply unless the context thereof shall clearly indicate to the contrary:
“Building Official” means the person, or designee, charged with the administration and enforcement of SMC Title 13, except where authority is specifically reserved for the Fire Marshal. The authority of this position is held by the Building Services Manager.
“Building service equipment” means the plumbing, mechanical, electrical and elevator equipment, fire suppression systems, and fuel tanks, including piping, wiring, fixtures and other accessories, which provide sanitation, lighting, power, heating, ventilation, cooling, refrigeration, and firefighting and transportation facilities essential to the occupancy of the building or structure for its designated use.
“Cancel” or “cancellation” means an action by a permit applicant or valid permit holder to withdraw a project from active review or construction status.
“Construction permit” means any permit, or combination of permits, issued pursuant to the provisions of SMC Title 13. Construction permits include, but are not limited to, building permits, trade permits, and clearing and grading permits.
“Dwelling” means a building that contains one (1) or two (2) dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
“Expire” or “expiration” has the same meaning as described in the building codes adopted by this title.
“Extend” or “extension” means to extend the validity of a construction permit or an application for a construction permit.
“Fire Marshal” means the person charged with the administration and enforcement of the fire code or a regularly authorized deputy. The authority of this position is held by the Division Chief of Puget Sound Regional Fire Community Risk Reduction Department.
“Renew” or “renewal” means to authorize the use of a permit approval past the original expiration date and preserve vesting under the code which the permit was issued.
“Revision” means a change by an applicant or permit holder to an application under review or to the scope of work authorized by an issued permit.
“Technical codes” means those codes adopted by this title containing the provisions for design, construction, alteration, moving, demolition, repair, removal, use, location, occupancy and maintenance of buildings, structures, building service equipment, and site clearing and grading. Where no applicable standards or requirements are set forth in this title, or are contained within other laws, codes, regulations, ordinances, or bylaws adopted by the City of SeaTac, technical codes may also include applicable standards of the National Fire Protection Association or other nationally recognized standards approved by the Building Official.
“Tolling” means to stop counting days against the time limitation of application period for a construction permit.
“Valuation” or “value” means, as applied to a building and its building service equipment, the estimated cost to replace the building and its building service equipment in kind, based on current replacement costs. (Ord. 23-1016 § 1 (Exh. A); Ord. 16-1008 § 1 (part): Ord. 04-1008 § 3)
13.100.030 Modifications.
Wherever there are practical difficulties involved in carrying out the provisions of the technical codes, the Building Official shall have the authority to grant modifications for individual cases, upon a request by the owner or owner’s representative, provided the Building Official shall first find that a special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of the technical codes and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of any action granting modifications shall be recorded and entered in the files of the Building Division. (Ord. 23-1016 § 1 (Exh. A); Ord. 16-1008 § 1 (part): Ord. 04-1008 § 3)
13.100.040 Alternate materials, design and methods of construction and equipment.
A. The provisions of the technical codes are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by the technical codes; provided, that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Building Official finds that the proposed design is satisfactory, complies with the intent of the provisions of the technical codes, and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in the technical codes in quality, strength, effectiveness, fire resistance, durability and safety.
B. Research Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in the technical codes, shall consist of valid research reports from approved sources.
C. Tests. Whenever there is insufficient evidence of compliance with the provisions of the technical codes, or evidence that a material or method does not conform to the requirements of technical codes, or in order to substantiate claims for alternative materials or methods, the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the City of SeaTac. Test methods shall be as specified in the technical codes or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for retention of public records. (Ord. 23-1016 § 1 (Exh. A); Ord. 16-1008 § 1 (part): Ord. 04-1008 § 3)
13.100.050 Duties and powers of Building Official and Fire Chief.
A. The Building Official is hereby authorized and directed to enforce the provisions of the technical codes, except for the fire code. The Building Official, in consultation with other city staff, shall have the authority to render interpretations of the technical codes, except for the fire code, and to adopt policies and procedures in order to clarify the application of their provisions. The Fire Chief, or designee, is responsible for the enforcement and interpretation of the fire code. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of the technical codes. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the technical codes.
B. The Building Official is charged with the administration and enforcement of SMC Title 13, except where authority is specifically reserved for the Fire Marshal. The “Fire Marshal” means the person charged with the administration and enforcement of the fire code or a regularly authorized deputy. The authority of this position is held by the Division Chief of Puget Sound Regional Fire Community Risk Reduction Department.
C. Inspections. The Building Official shall make all of the required inspections, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise.
D. Identification. The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under the technical codes.
E. Right of Entry. Where it is necessary to make an inspection to enforce the provisions of the technical codes, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of the technical codes which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by the technical codes; provided, that if such structure or premises be occupied, that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.
F. Department Records. The Building Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records by the City’s retention schedule. (Ord. 23-1016 § 1 (Exh. A); Ord. 16-1008 § 1 (part): Ord. 04-1008 § 3)
13.100.060 Permits.
A. Except for those items specifically exempt in each of the technical codes, no building, structure or building service equipment regulated by the technical codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate, appropriate permit for each building, structure or building service equipment has first been obtained from the Building Official. Exemptions from permit requirements of the technical codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of those codes or any other laws or ordinances of the City of SeaTac or the State of Washington.
B. Effect of a Permit. An issued permit has the effect of authorizing access to the property and inspection of the scope of work for which the permit was issued. Inspections shall be conducted at reasonable hours and only by credentialed designees of the Building Official. Refusal to provide access to the property or work constitutes a violation of this code and is subject to the remedies provided by law.
C. Permit and Plans on Site. A copy of the permit shall be on site. Approved plans shall be available on the site of the work until the completion of the project.
D. Emergency Repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Building Official.
E. Repairs. Application or notice to the Building Official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement, or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, fire suppression, electric wiring, mechanical or other work affecting public health or general safety.
F. Application for Permit. To obtain a permit for work regulated by this title, the applicant shall file an application for construction permit(s) with all required information, including an accurate description of the proposed scope of work. The application shall be accompanied by construction documents and information, as specified by the City, to include all data, reports, plans, specifications, calculations and any other information required to document compliance with applicable laws and regulations.
The application will be deemed incomplete and no action will be taken or review performed by the City if the application information and/or required documents are incomplete, inaccurate, or missing.
Payment of fees required at the time of application are required for the City to determine an application is complete.
G. Action on Application. The Building Official shall ensure that complete application and required construction documents for construction permits and revisions thereto are reviewed within a reasonable time after filing. The purpose of the review of applications and required construction documents for permits, and revisions thereto, is to confirm compliance with all applicable and pertinent codes and laws. If the application or the construction documents do not conform to the requirements of applicable and pertinent codes and laws, the application shall not be approved and additional information or corrections to the application and construction documents shall be requested in writing from the applicant. The construction permit(s) shall be issued as soon as practicable once the application and construction documents have been reviewed and all applicable and pertinent laws have been addressed.
H. Time Limitation of an Application.
1. Expiration by Limitation. Except as otherwise provided by tolling in subsection (H)(2) of this section, applications for which no permit is issued within eighteen (18) months following the date of application shall expire by limitation.
2. Tolling. The eighteen (18) month expiration by limitation of an application established in subsection (H)(1) of this section may be tolled for a cumulative maximum of not more than one hundred eighty (180) days as follows:
a. Ninety (90) days when a land use approval is required prior to issuance of an application; or
b. One hundred eighty (180) days when permit issuance is only pending a related construction permit application approval; and provided, that a schedule for responding to correction comments and securing approval of the related construction permit application is received from the applicant and approved by the Building Official; or
c. One hundred eighty (180) days when permit issuance is pending both an associated land use application approval and a related construction permit application approval; and provided, that a schedule for responding to correction comments and securing approval of the related construction permit application is received from the applicant and approved by the Building Official.
3. Expiration Due to Inactivity. Applications shall expire due to inactivity if an applicant fails to respond to the Department’s written request for revisions, corrections, or additional information within ninety (90) days of the date of request. The Building Official may approve an extension of the response period beyond ninety (90) days if within the original ninety (90) day time period the applicant provides and subsequently adheres to an approved schedule with specific target dates for submitting the full revisions, corrections or other information needed by the Department. Such approval shall not extend the time limitation of the application established in subsection (H)(1) of this section.
4. Extension. If requested by the applicant prior to the expiration date of an application, the time limitation of application period established in subsection (H)(1) of this section may be extended one (1) time, for a maximum of thirty (30) days, for the purpose of paying fees, submitting required paperwork, and posting financial sureties.
I. Validity of Permit. The issuance or granting of a construction permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of the technical codes or of any other ordinance of the City of SeaTac. Permits presuming to give authority to violate or cancel the provisions of the technical codes or other ordinances of the City of SeaTac shall not be valid. The issuance of a construction permit based on construction documents and other data shall not prevent the Building Official from requiring the correction of errors in the construction documents and other data. The Building Official is authorized to prevent occupancy or use of a structure when the structure is found to be in violation of this code or other ordinances of the City of SeaTac.
J. Expiration of Permits.
1. New Buildings and Building Additions. Construction permits issued for a new building(s) or building addition(s) shall expire two (2) years from the date of issuance of the building permit.
2. Construction permits not necessary to complete a new building or a building addition shall expire one (1) year for the date of issuance.
K. Permit Extensions. Only one (1) extension of construction permits may be authorized by the Building Official, as follows:
1. An extension request to extend the expiration date for construction permit(s) issued for a new building or a building addition when:
a. A construction schedule is provided by the applicant and approved by the Building Official prior to permit issuance; or
b. A request to extend the permit up to twelve (12) months, maximum, is received prior to the expiration of an issued permit.
An extension granted under subsection (K)(1)(a) of this section may be rescinded and the permit subject to expiration under subsection (J)(1) of this section if a project fails to follow the approved construction schedule.
2. An extension request to extend the expiration date of mechanical, electrical, and plumbing permits up to six (6) months, maximum, when received prior to the expiration of the permit.
3. Right-of-way (ROW) and clearing and grading permits associated with a subdivision or projects other than new buildings or building additions may be extended for up to twelve (12) months, maximum, when the extension request is received prior to the expiration of the issued permit.
4. A thirty (30) day extension to an expired permit for the purpose of performing a final inspection and closing out the permit may be authorized as long as not more than one hundred eighty (180) days have passed since the permit expired. The thirty (30) day extension would commence on the date of written approval, provided no changes have been made or will be made in the plans or scope of work. If work required under a final inspection is not completed within the thirty (30) day extension period, the permit shall expire. One (1) additional thirty (30) day extension may be authorized if conditions outside of the applicant’s control are documented and the applicant provides a schedule to complete the permitted work.
5. Permits that expire after one (1) extension under this subsection (K) may apply for renewal subject to subsection (L) of this section.
L. Permit Renewal. Construction permits may be renewed one (1) time, for a fee, provided no changes have been made to the originally approved plans.
1. Construction permits for a new building(s) or building addition(s) and construction permits for site improvements associated with a new subdivision or short subdivision may be renewed for up to one (1) year, provided:
a. The request for renewal is received within one (1) year of the permit expiration date.
b. The one (1) year renewal period starts on the expiration date of the permit.
c. For construction permits that have been expired for longer than one (1) year, a new application and construction documents must be submitted, a new permit must be obtained, and new permit fees paid.
2. Construction permits that are not associated with a new building(s) or building addition(s) may be renewed for up to six (6) months, provided:
a. The request for renewal is received within six (6) months of the permit expiration date.
b. The renewal period starts on the expiration date of the permit.
c. For permits that have been expired for longer than six (6) months, a new application and construction documents must be submitted, a new permit must be obtained, and new permit fees paid.
3. The renewal fee shall be the currently adopted fee in the permit fee schedule.
4. Construction permits that have been renewed are not eligible for extension under subsection (K) of this section. No permit shall be renewed more than once.
M. Suspension, Revocation, or Limitation. The building official may suspend, revoke, or limit any permit issued whenever:
1. The permit holder has committed a code violation in the course of performing activities subject to that permit; or
2. The permit holder has interfered with the Building Official in the performance of his or her duties relating to that permit; or
3. The permit was issued in error, or on the basis of materially incorrect information supplied to the city by the permit holder; or
4. Permit fees or costs were paid to the city by check and returned from a financial institution marked nonsufficient funds (NSF) or canceled.
Such suspension, revocation or modification shall be carried out through the provisions of Chapter 1.15 SMC and shall be effective upon the compliance date established by the notice of violation. Such revocation, suspension or cancellation may be appealed to the Hearing Examiner using the appeal provisions of this chapter.
Notwithstanding any provision of this chapter, the Building Official may immediately suspend operations under any permit by issuing a stop work order as described in SMC 13.100.110.
N. Hold on Future Permits. The Building Official may place a hold on the issuance of future construction permits on a property if:
1. A notice of violation or stop work order has been issued; and
2. The appeal period has passed, or an appeal was brought but it was dismissed; and
3. The violation has not been corrected and/or penalties or fines have not been paid; and
4. The permits relate to the violation.
A hold on future permits will prevent the issuance of any construction permit for the subject property, and for the person responsible on any other property within the city, until the violation is resolved, corrective actions are taken and penalties are paid. The Building Official or Fire Marshal may use their discretion to issue exceptions to this subsection for emergencies or hazardous situations, or other situations they deem reasonable. (Ord. 23-1016 § 1 (Exh. A); Ord. 16-1008 § 1 (part): Ord. 10-1018 § 1: Ord. 04-1008 § 3)
13.100.070 Permit and plan review fees.
A. A permit or permit revision shall not be issued until all fees owed to the City of SeaTac have been paid. The permit and plan review fees, together with other fees, shall be as set forth in the most recently adopted City of SeaTac Fee Schedule.
B. Project Valuation. The applicant for a permit shall provide an estimated project value at time of application. Project valuations shall include total value of work, including materials and labor, for which the permit is being issued such as electrical, gas, mechanical, plumbing equipment and other permanent systems. The project valuation shall be set by the Building Official.
Project valuation shall be calculated based on the then-current August Building Valuation Data Square Foot Construction Costs Table published by the International Code Council or the actual value of the work for work not included in the published table.
C. Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, fuel tank, mechanical, plumbing, or fire suppression system, or begins work in the right-of-way, or conducts land clearing activity including grubbing, before obtaining the necessary permits shall be subject to an investigation fee. The fee shall be an amount equal to the permit fee with a minimum fee of one (1) hour at the standard hourly rate in the most recent City of SeaTac Fee Schedule. The investigation fee shall be in addition to the required plan review and permit fees.
D. Refunds. A partial or full permit fee refund may be authorized as follows:
1. A full refund if the fee was erroneously paid or collected; and
2. A partial refund of eighty percent (80%) if a request for refund has been received within one hundred eighty (180) days of the expiration of an application or the issuance of a permit, and for which no plan review has started or inspections have been conducted.
3. Permits that were issued on the basis of incorrect, inaccurate, or incomplete information, or in violation of any ordinance, regulation, or codes are not eligible for refunds. (Ord. 23-1016 § 1 (Exh. A); Ord. 16-1008 § 1 (part): Ord. 04-1008 § 3)
13.100.100 Appeals.
A. Appeals to a decision by the Building Official shall be made to the Hearing Examiner.
1. All references in the technical codes to the Board of Appeals shall be deemed to refer to the Hearing Examiner system of Chapter 1.20 SMC.
2. The Hearing Examiner shall have no authority relative to interpretation of the administrative provisions of the technical codes nor shall the Hearing Examiner be empowered to waive requirements of the technical codes.
B. Appeals to a decision by the Fire Marshal shall be made to the Hearing Examiner. All references in the fire code and adopted International Fire Code to the Fire Code Board of Appeals shall be deemed to refer to the Hearing Examiner system of Chapter 1.20 SMC. (Ord. 23-1016 § 1 (Exh. A); Ord. 16-1008 § 1 (part): Ord. 10-1018 § 2: Ord. 04-1008 § 3)
13.100.110 Stop work orders.
A. Whenever the Building Official finds any work regulated by this title being performed in a manner either contrary to the provisions of this code, or dangerous or unsafe, the Building Official or designee is authorized to issue a stop work order.
B. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. When practical, the stop work order shall also be posted upon the site. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
C. Failure to stop work or removal of a posted stop work order by anyone other than an authorized representative of the Building Official may result in civil penalties as set forth in SMC 1.15.025(C).
D. Appeal of a Stop Work Order. A stop work order may be appealed according to the procedures prescribed in Chapter 1.20 SMC. Failure to appeal the stop work order within fourteen (14) days renders the stop work order a final determination that the civil code violation occurred, and that work was properly ordered to cease. (Ord. 23-1016 § 1 (Exh. A); Ord. 16-1008 § 1 (part): Ord. 04-1016 § 2)
13.100.120 Violations not subject to the notice and order procedures.
Violation of the provisions of Sections 108.4.1 and 108.5 of the International Property Maintenance Code, as adopted by reference in Chapter 13.210 SMC, as now or may be subsequently amended, shall be a misdemeanor, punishable by a fine of up to one thousand dollars ($1,000) or a jail sentence of up to ninety (90) days, or both, and the violation shall be a strict liability offense. (Ord. 23-1016 § 1 (Exh. A); Ord. 16-1008 § 1 (part): Ord. 04-1016 § 3)
13.100.130 Copies available.
On behalf of the City Clerk, one (1) copy of each of the codes adopted by this title shall be available to the public for viewing. (Ord. 23-1016 § 1 (Exh. A))